Terms and Conditions
Welcome to giftSavvy! Our ethos is to empower customers to receive premium gifts that their kids desire. Before you use our website, please read these Terms and Conditions.
This website (Site) is operated by Gift Savvy Pty Ltd ABN 30 632 564 562 (we, our or us). It is available at: www.giftsavvy.com.au and may be available through other addresses or channels.1. Acceptance
- This website (Site) is operated by Gift Savvy Pty Ltd ABN 30 632 564 562 (we, our or us). It is available at: https://www.giftsavvy.com.au and may be available through other addresses or channels
- By accessing and/or using the Site you:
- warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf;
- understand you must not purchase an Item (defined below) unless you are at least 18 years old; and
- agree to use the Site in accordance with the Terms, and you must not use the Site for any illegal or improper purpose.
2. Website Summar
- Our Site retails gifts for children.
- When you create an Account, you will be asked to input basic contact information such as your name, email address, mobile phone number, shipping address and payment details and you will be prompted to choose a password. It is your responsibility to keep your account details confidential. You are liable for all activity on your account. Your account is non-transferable.
- You may select from a range of products in the catalogue on the Site (Items) and add these to your Cart.
- It is your responsibility to check the selected products and pricing, before you complete your purchase.
- You may not purchase Items for the purpose of reselling them. We may reject orders for large quantities of the same Items or it could reasonably be assumed that you intend to resell these Items.
5. Price and payments
- You may purchase your Items using our third party payment processor, through Shopify. The payment will be subject to Shopify’s terms and conditions.
- All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery costs separately from the product price.
- Items will typically be dispatched within two business days from payment.
- You must not pay, or attempt to pay, for items by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final.
- If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment and that your payment will be honoured by your card issuer.
- If any payment has not been made as set out on the Site or in the Terms, we may (at our absolute discretion) immediately charge you interest on the outstanding payment at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 5% per annum, calculated daily and compounding monthly.
- When you place your order, this is subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products. If an item has been purchased, but is later found to not be available, we will attempt to contact you and recommend other suitable Items or provide you a refund.
- We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your Items, if for any reason we cannot supply the Items you ordered (for example for an event beyond our reasonable control) or if Items ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when placing your order.
7. Delivery, title and risk
- We will deliver the Items to the delivery address you provide when placing your order. We deliver Australia wide and will alert you when creating your order if your delivery address is outside of our delivery area.
- You may receive multiple deliveries, particularly if the Items you have selected are being shipped by third parties.
- We normally dispatch Items approximately two business days from the date of your order. Any delivery periods displayed on the Site are estimates only.
- We may deliver the Items using a range of delivery methods. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally leave your Items at a safe place at your delivery address.
- Risk in the Items will pass to you as soon as they are delivered to the delivery address you provided in your order. Once risk in the Items passes, you will be solely responsible for them.
8. Order cancellation
- If you cancel your order but your Items have not been dispatched, you will not receive your Items. You will receive a refund for the relevant amount paid.
- If you wish to cancel your order have been dispatched, you will need to return the Items in accordance with our refund policy to receive a refund.
- We offer exchanges of Items for change of mind where we determine (at our absolute discretion):
- the Items were delivered to you within 30 days prior to the request for an exchange;
- the Items are in their original condition and have not been used, worn, damaged, tampered with, washed, altered, connected, installed or attempted to be connected or installed (as applicable); and
- the Items are in their original undamaged packaging with all tags still intact.
- We will cover the costs of return shipping or re-delivery for a change of mind exchange.
- Items can be exchanged for another Item of an equivalent price, or refunded pursuant to the refund policy.
- Items to be exchanged must be sent to the address on the shipping label provided.
- We offer exchanges of Items for change of mind where we determine (at our absolute discretion):
- Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
- Where you return the Items to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs outside our 30-day refund policy) of you returning the Items to us.
- Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement Item or refund you the Price of the relevant Item. Please contact us for further information.
- All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the items) will at all times vest, or remain vested, in us.
- You must not, without our prior written consent:
- copy or use, in whole or in part, any of our intellectual property;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
- breach any intellectual property rights connected with the Site or the items, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
11. Warranties and disclaimers
- To the maximum extent permitted by law, we make no representations or warranties about our Site or any content on the Site, including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; or
- access will be uninterrupted, error-free or free from viruses.
- You read, use and act on our Site and the content on our site at your own risk.
- Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate liability arising from or in connection with the Terms (including the Items and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the price paid to us for the Items the subject of the relevant claim, or, where no amount has been paid, $50; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
- loss of, or damage to, the Items, or any injury or loss to any person;
- failure or delay in providing the Items; or
- breach of the Terms or any law, where caused or contributed to by any:
- event or circumstance beyond our reasonable control, including any Items not being delivered, due to our delivery partners being unavailable for any reason; or
- act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Items or the provision of our Site.
13. Collection Notice
- We may disclose that information to third party service providers who help us deliver our services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our Items to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
- Termination: Your account and these Terms may be terminated by you at any time, using the ‘delete account’ functionality (or similar) in your account settings or notifying us of your request to delete your account using our contact details below. We may terminate these Terms and your account at any time by giving 30 days’ written notice to you.
- Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
- Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you made your account, or purchased Items. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
- Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
- Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
- Photographs: If you provide us with photographs of the Items including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
- Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
- Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
- Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
- Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
- Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to purchasing an Item, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any Order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your Order.
- Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.
For any questions and notices, please contact us at:
Gift Savvy Pty Ltd ABN 30 632 564 562
PO Box 7072, Norwest 2153 NSW
Last update: 8 January 2021